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European Court pays Azerbaijani nationalâ€™s claim v. Russian Government

European Court pays Azerbaijani nationalâ€™s claim v. Russian Government

07 November 2008 10:57 (UTC +04:00)

The Court concluded that the confiscation measure had been excessive and disproportionate in the circumstances and held by six votes to one that there had been a violation of Article 1 of Protocol No. 1. Mr Ä°smayÄ±lov was awarded EUR 25,000 in respect of pecuniary and non-pecuniary damage.
Adil IsmayÄ±lov, is an Azerbaijani national who was born in 1937 and lives in Moscow.
On arrival in Moscow in November 2002 Mr IsmayÄ±lov was charged with smuggling for not declaring the 21,348 US dollars (approximately 17,059 euros) he was carrying with him from the sale of a flat he had inherited in Baku. He was found guilty as charged and given a suspended sentence of six monthsâ€™ imprisonment; the money was also confiscated. The case concerned the applicantâ€™s complaint that that confiscation order had not been lawful. He relied, in particular, on Article 1 of Protocol No. 1 (protection of property).

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